Disclaimer: This Terms of Service agreement governs the use of FundSewa and these Terms of Use and the Privacy Policy create a binding agreement between you and the Company for using its application or website. FundSewa reserves the right to modify the Terms at any time at its sole discretion by publishing an updated version. Unless specified otherwise, your continued use of the Services after the revised Terms confirms your acceptance. For any significant changes, we will inform Users by posting a notice on our Site.
1. INTRODUCTION
FundSewa (“App”, “Websites”, “Company” “We”, “Our, “Us”), is an online crowdfunding platform having its head office in Baluwatar, Kathmandu. We, at FundSewa, are dedicated to supporting charitable causes, personal projects, and community initiatives in Nepal. By accessing or using our platform (“Platform”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to these Terms, you should not use our Platform.1.1 ACKNOWLEDGEMENT OF TERMS
By accessing and using the Services or Platform, you agree to the Terms of Service and confirm your understanding and acceptance of all rules governing the Services. Whether you're contributing to a Fundraiser as a donor, launching a fundraiser, withdrawing funds as an organizer, beneficiary, or engaging with the services in any capacity, these Terms are applicable to you.1.2 DEFINITIONS
For the purpose of these Terms of Use and Privacy Policy Statement, wherever the context so requires, the following definitions shall apply:a. “User”: any individual or entity using the Platform, including but not limited toCampaign Creators and Contributors.
b. “User Content”: any material, activity, or information (such as names, text, images, videos, and other submissions) that a User creates, uploads, shares, or otherwise provides to the Services. This includes contributions made in connection with Fundraisers or Profiles.
c. “User Conduct”: the actions and behaviour of Users while accessing or interacting with the Services.
d. “Campaign”: an initiative or activity launched on the Services to raise funds for a specific purpose or cause, typically organized by a Campaign Creator and aimed at benefiting a designated Beneficiary.
e. “Campaign Creator”: any User who creates and manages fundraising campaigns on the Platform.
f. “Beneficiary”: an individual, group, or entity designated to receive the funds raised through a Fundraiser on the Services. This may include individuals in need, charitable organizations, or other specified causes.
g. “Contributors”: Any User who provides financial support or donations to campaigns featured in the Platform.
h. “Platform”: the FundSewa website, mobile application, and all associated services offered by FundSewa.
i. “Account”: A distinct account established by a user to access and engage with FundSewa’s Services, encompassing personal details, login credentials, and records of activity.j. “Donor”: An individual or entity that provides financial contributions to a Fundraiser via the Services.
k. “Fundraiser”: A campaign created through the Services to collect funds for a defined purpose on behalf of a Beneficiary.
2. TERMS OF USE
2.1 By using the App, you agree to these Terms of Use, including the referenced policies that are an integral part of this agreement. Your use confirms your consent to these Terms and all incorporated policies.2.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and non-assignable license to access and use the App on your mobile or handheld device. This license includes future updates provided to you, with the understanding that such updates may be subject to additional terms, which will be communicated to you at the time they are made available.
2.3 You acknowledge and agree that, unless explicitly stated otherwise in these Terms of Use, you do not obtain any rights, title, or interest in the App, whether in its current or future form. All ownership, rights, titles, interests, and intellectual property rights, including but not limited to trade names, copyrights, patents, trademarks, and service marks associated with the App, remain exclusively with the Company, its affiliates, and/or licensors. These Terms do not grant you any such rights.
2.4 The collection, use, processing, and transfer of personal data during the creation of your App account, or when accessing or using the App and its features, are governed by our Privacy Policy Statement.
3. ELIGIBILITY TO CREATE ACCOUNT AND USE THE PLATFORM
3.1 You acknowledge, understand, and agree that:a. To access and use the Services, you must be at least 18 years of age and possess the full legal authority and capacity to enter into and complete transactions under these Terms of Use. Your use of the Services must comply with the laws of Nepal as applicable on the date you install the App on your mobile or computer devices.
b. Notwithstanding the abovementioned cluse, individuals under the age of 18 are eligible to be designated as Beneficiaries of Fundraisers conducted on Our Platform provided that they have obtained an expressed consent of their legal guardian.
c. . When registering to use certain Services, you are required to provide accurate and complete information about yourself or your organization. This includes, but is not limited to, your legal name as shown on government-issued identification, address, phone number, and any photos or videos you may submit when oranizing a Fundraiser or creating an Account. All registration data and other information provided are subject to the Privacy Policy and these Terms of Service.
d. You shall use the App or Our Services strictly for your personal, private, commercial, or non-commercial purposes on mobile or computer devices owned by you. Your use of the App is solely at your own risk, and you bear full responsibility for any damages or liabilities arising from, or related to, allowing a secondary user to access or use the App with your permission.
e. You may be required to register with third-party payment processors we collaborate with, which could include accepting their term. If we or the payment processors determine that the information you provided is inaccurate, violates our Terms of Service or their terms, or if you misuse funds, we reserve the right to suspend or terminate your access to some or all Services immediately.
4. OBLIGATIONS OF CAMPAIGN CREATORS
4.1 By creating a Campaign on the site and requesting Contributions, you acknowledge that you are entering into distinct legal agreements with both FundSewa and your Contributors. These agreements are subject to the following rules, alongside all other applicable Terms and Policies.a. Campaign Creators must provide accurate, complete, and truthful information when creating a campaign, including their identity, purpose of the campaign, and intended use of funds.
b. Campaign Creators must make a genuine and diligent effort to deliver the benefits associated with your Campaign within the timeframe you have communicated to Contributors.
c. Campaigns must comply with all applicable laws, regulations, and FundSewa's policies, including but not limited to the Law and Policy of Nepal.
d. FundSewa reserves the right to verify the information provided by Campaign Creators, request additional documentation, and conduct background checks.
e. FundSewa reserves the right to remove or suspend any campaign that violates these Terms, is deemed fraudulent or inappropriate, or fails to meet legal requirements.
f. Contributors acknowledge that all contributions are made voluntarily and at the sole discretion and risk of the Contributor.
g. FundSewa do not guarantee the success of Campaigns or the fulfilment of benefits offered. Contributions are made at the Contributor's own risk, with no assurance of outcomes or timely delivery. We do not verify claims or endorse Campaigns, benefits, or User Content, and any estimated delivery dates for offered benefits are determined by Campaign Owners, not Us.
h. FundSewa does not provide refunds beyond what is specified in or refund policy, although we may choose to do so at Our sole discretion. If a refund is not available under Our refund policy, Contributors may contact the Campaign Creators directly to request one. We are not obligated to assist in or facilitate such refund requests.
i. FundSewa does not guarantee that campaigns will achieve their fundraising goals or that the funds will be used as described.
j. Contributors should conduct their own due diligence before making contributions and acknowledge that FundSewa is not responsible for the outcomes of the campaigns.
k. Contributors are solely responsible for determining the tax treatment of their Contributions and any benefits received. We do not provide tax advice or assume any responsibility for how Contributors handle their Contributions or the financial implications of such decisions.
6. FEES AND PAYMENTS
6.1 FundSewa may charge a platform fee and processing fees for contributions. Detailed information about these fees will be provided at the time of contribution and are subject to change.6.2 FundSewa utilizes third-party payment processors compliant with the financial regulations of Nepal, including the Nepal Rastra Bank guidelines.
6.3 FundSewa is not responsible for any additional fees charged by third-party payment processors or financial institutions.
7. USE OF FUNDS
7.1 Campaign Creators are responsible for using funds solely for the purposes described in their campaign.7.2 Misuse of funds, including but not limited to fraud, misrepresentation, or illegal activities, may result in legal action, permanent suspension from the Platform, and reporting to the relevant authorities.
7.3 Campaign Creators may be required to provide periodic updates and financial reports to Contributors and FundSewa.
8. INTELLECTUAL PROPERTY
8.1 All rights to the App, including any upgrades and accompanying documentation, as well as ownership, title, and intellectual property rights (such as copyrights, trademarks, service marks, and patents) remain the exclusive property of the Company. The text and images on the App are owned by, or licensed to, the Company, its affiliates, or relevant Third-Party Service Providers and are protected under copyright and other intellectual property laws.8.2 The trademarks, names, logos, and service marks must remain unaltered and cannot be used, downloaded, copied, or distributed except as part of the authorized download, copy, or transmission of materials within the Application. These Terms of Use do not grant any license to use the intellectual property of the Company or Third-Party Service Providers beyond what is included in the Application itself.
8.3 If we receive a notification of an intellectual property rights infringement regarding any User Content you have posted on the App, we reserve the right, in addition to other rights under these Terms of Use, to remove the alleged infringing User Content and/or take any other appropriate action at our sole discretion.
8.4 Users retain ownership of the content they submit to FundSewa but grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute the content for promotional and operational purposes.
8.5 Users must not upload content that infringes on the intellectual property rights of others. Any infringement may result in the removal of content and legal action.
9. PRIVACY POLICY
9.1 Your use of Our platform and Our handling of your personal data will be governed by Our Privacy Policy that complies with Nepal's data protection laws, including the Individual Privacy Act, 2018 (“Privacy Act”) and the Individual Privacy Regulations 2020 (“Privacy Regulations”), along with all applicable policies, notices, guidelines, additional terms and disclaimers that We publish and share with you from time totime.
10. LIMITATION OF LIABILITY
10.1 FundSewa is fundraising platform providers only and doesn’t guarantee on geniuses of campaign or true use of fund on said purpose. FundSewa is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform, including but not limited to loss of funds, data, or reputation. You agree that, to the fullest extent allowed by applicable law, FundSewa and its affiliates are not liable forany indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if FundSewa has been informed of the possibility of such damages. These limitations apply to claims arising from various situations, such as the inability to use the Services, costs of substitute goods or services, unauthorized data access, third-party statements or actions, or any issues related to the Services.
10.2 You acknowledge that the Company cannot guarantee the App will be completely free of defects at all times. The App's functions, including Services, may experience delays, inaccuracies, unavailability, or other issues due to factors such as technical reasons, server communication, bandwidth, signal strength, network conditions, or planned/unplanned maintenance, among others, that are beyond the Company's
control. The App may also be impacted by mobile network performance, outages, lack of coverage, or other external factors. The Company, its affiliates, or any third parties will not be held liable for disruptions or unavailability of the App or its Services caused by such circumstances.
11. WARRANTY
11.1 We do not guarantee the accuracy, completeness, or reliability of any content on the Platform, including campaign descriptions and user-generated content. Your use of the Services is entirely at your own risk. To the extent allowed by applicable law, the Services are provided on an "as is" and "as available" basis. FundSewa and its affiliates fully disclaim and exclude all warranties, conditions, and representations whether express or implied.11.2 All third-party information and content available on the Services are provided solely for informational purposes. FundSewa and its affiliates do not ensure the accuracy, completeness, timeliness, or reliability of this content. The information is not intended to serve as financial, legal, tax, or other professional advice. Before making decisions regarding fundraisers, donations, or related matters, it is advised to consult with your
financial, legal, tax, or other professional advisors. You agree that accessing and using all information and content on the Services is done at your own risk.
12. INDEMNITY
12.1 You agree to defend, indemnify, and hold harmless FundSewa, its affiliates, directors, employees, partners, contractors, representatives, agents, and third-party providers against any claims, damages, losses, liabilities, costs (including reasonable attorneys' fees), or expenses arising from your use or misuse of the Services, breach of these Terms, or violation of applicable laws. FundSewa reserves the right, at its discretion and expense, to take exclusive control of the defence or settlement of any matter you are obligated to indemnify and expects your reasonable cooperation in such cases.12.2 You agree to indemnify and hold FundSewa, its affiliates, directors, employees, and agents harmless from any claims, damages, or expenses arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.
13. LEGAL COMPLIANCE
13.1 Users must comply with all applicable local, national, and international laws and regulations, including but not limited to Privacy Act, Anti-Money Laundering (AML) laws, Combating the Financing of Terrorism (CFT) regulations, and tax laws of Nepal.14. TERMINATION
14.1 FundSewa reserves the right to suspend or terminate your access to the Platform at any time, with or without cause or notice, if you violate these Terms, engage in fraudulent or illegal activities, or harm the integrity of the Platform.15. DISPUTE RESOLUTION
15.1 Any disputes arising from or related to these Terms or your use of the Platform shall be resolved through negotiation and, if necessary, mediation in accordance with the laws of Nepal. If a resolution cannot be reached, disputes shall be submitted to the courts of Nepal for final determination.16. CHANGES TO TERMS
16.1 We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. Changes will be posted on the Platform, and your continued use constitutes acceptance of the updated Terms. Users are encouraged to review the Terms periodically.16.2 We reserve the right to modify or amend portions of these Terms of Service at any time at our sole discretion. When substantive changes occur, we will provide a 30-day notice and may notify Users via email or other suitable channels. However, if required by law, changes may be implemented with little to no notice.
16.3 Revised Terms of Service will be posted on this page with an updated revision date. By continuing to use the Services after such changes take effect, you agree to the new Terms. If you disagree with the updated Terms, you should cease using the Services.
17. GOVERNING LAW
17.1 These Terms are governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law principles. Any legal action arising from these Terms or use of Our Services shall be filed and heard in the courts of Nepal. You agree, as do we, to submit to the exclusive jurisdiction of the courts in Nepal.18. ENTIRE AGREEMENT
18.1 These Terms of Use, along with the Privacy Policy Statement, represent the complete agreement between you and the Company concerning this subject matter. They override and replace any prior communications or agreements between you and the Company related to this subject matter.19. CONTACT INFORMATION
If you have any questions regarding the Terms of Use, the website practices, or your interactions with the website, contact at:FundSewa Care
mail@fundsewacare.org
Head Office: Baluwatar, Kathmandu
Office: Tushal Marg, Boudha, Kathmandu
01-446018, 01-4461636
By using FundSewa, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your compliance with these Terms is essential to maintaining the integrity, trust, and legality of our crowdfunding platform.